250.045). Art. 48, Init., Pt. If a second sampling is needed, an estimated duplication rate will be calculated. XVI, 1; O.R.C. 3, 4. A recall allows people to remove public officials from office, while referendum voting and initiatives allow citizens to propose, approve, or veto specific legislation. Conflicting measures: Voters may choose one or reject both. III, 3). Proponents write title. Art. 3, 50; V.A.M.S. Allowed to pay another for their signature: Prohibited (A.C.A. Code Ann. 1(5)). What is on each petition: Must contain the full, true copy of the proposed measure on it on the backside or attached to it, and follow prescribed form and language, including a warning (Miss. 22-24-407). provided safe working conditions for child laborers. General election unless the legislature orders a special election. They may also submit their own alternative ballot measure to the people if different but under the same subject area. Const. Verification: Random sampling (SDCL 2-1-16). An amendment requires at least one-fourth of members to support to get onto the ballot. What is on each petition: The petitions must have a copy of the bill, an impartial summary, a warning, space for signatures, and if the circulator is paid (W.S.1977 22-24-304; 22-24-310; 22-24-311). Proponent financial disclosure requirements: Must file a statement of organization within 20 days of becoming a committee (Mo.Rev.Stat. 2, 9; Const. MT CONST Art. 3, 4; Art. Legislature or other government official review: Since the process is an indirect initiative, the legislature has four months to adopt the unchanged constitutional initiative by a majority in each house before the secretary of state submits it to the people. 15, 273). General review of petition: Proponents may alter the measure in small ways after legislature reviews it. Petition title and summary creation: Attorney general (I.C. Ballot issue committees must file reports of contributions and expenditures on or before the fourth and second Friday immediately preceding a general election and on or before the second Tuesday after a general election. Const. 3, 52(b) and Wyo. 11 3), Collected in-person: No direct statute (F.S.A. Code 9001). XVI, 4). Which election: Next general election (Const. XI, 5). 34-1803b). Additional reports are due on the third Wednesday in January of each year the committee continues in existence. referendum and initiative, electoral devices by which voters may express their wishes with regard to government policy or proposed legislation. List of the Pros of Referendums. Proponent organization and requirements: Primary sponsors file names with secretary of state, and a principal circulator is listed (Neb. Secretary of state shall print pamphlet of statements in support and against the measures along with the attorney general's title, explanation, and clear statement of a yes or no vote, and if possible, a fiscal statement (SDCL 12-13-23 and 25.1). Ballot title and summary: Submitted to Board of Election Commissioners and then certified to the secretary of state (Ark. Must file a statement of organization as a political committee within two weeks of organizing or within two weeks of the date the first contribution or expenditure is expected. 3, 19). III, 1). 15, 273). By continuing to use this site, you consent to the terms of our cookie policy, which can be found in our. 19, 2; N.R.S. II, 1a; 1b; 1g; O.R.C. Art. Art. Art. 21 1; CV160314-SA), Montana (MT CONST Art. Law 6-103). Art. 2, Sec. In election years, instead of biannual reports, reports are due no later than the second Monday in April, May, September and October, and no later than the Thursday before an election. Prepared by the secretary of state, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. Const. 48, Gen. 3, 18), Who can sign the petition: Electors (M.R.S.A. II, 10). Circulator requirements: US citizen and at least 18 years of age (Wyo. Seventeen states have subject matter limitations other than the single-subject rule: Dedicate revenue, repeal appropriations, create courts, define court rules or jurisdictions, or enact local or special legislation. Signatures must be filed one year prior to the election. Proponent organization and requirements: Sponsors must designate a committee of three to five people who shall represent them in all matters related to the petition (ORC 3519.02). Withdrawal process of individual signature: May cross out signature on petition prior to submission to clerk or by written statement expressing wish for withdrawal after the petitions are turned in to the clerk (I.C. Subject restrictions: Laws necessary for the immediate preservation of the public peace, health, or safety are excluded (Const. Code Ann. Art. 3, 4; Art. Information on states that restrict payment to circulators are below. What is on each petition: Petition must include a short title of 20 words or less, a summary and the text of the measure. 12, 2). 3, 17(3)). Payment on a per-signature basis prohibited. 3519.01; 3519.02; 3513.10). 4, 1, Pt. Withdrawal process of individual signature: Can file a request with the county clerk any time before the petition is filed (NRS 295.055). Montana: Reviews done by attorney general and legislative services division. Art. Massachusetts: Proponents may alter the measure in small ways after legislature reviews it. 2, 8), Conflicting measures: Measure receiving more affirmative votes is enacted (Cal.Const. Timeline for taking effect: July 1 after the official canvass (SDCL 2-1-12). Most common are requirements that they be at least 18 years of age, a citizen, a registered voter and/or a resident of the state. Art. 116.100). Repeal or change restrictions: The legislature shall not have the power to repeal a referendum measure passed by a majority of the voters (Const. Who can sign the petition: Electors (O.R.S. Public review or notice: Public may comment for 15 days on petition once it is approved for circulation, and may attend hearing held by joint committee on legislative research, with comments from that meeting made public, and newspaper publication (V.A.M.S. 19-102), Who creates petitions: Secretary of state (A.R.S. Paid circulators must file an affidavit with secretary of state indicating they are paid before circulating a petition (MCL 168.482a) NOTE: The affidavit requirement has been declared unconstitutional and nonbinding by AG opinion 7310, May 2019. V, 3). 15, 273), Conflicting measures: Measure with highest number of affirmative votes prevails (MS Const. Who can sign the petition: Electors of the state (OH Const. The Referendum is where the state legislators can deal with a problem by putting it on the ballot and letting the people vote it. Art. Art. Art. Then, the legislature rejects or accepts the proposition unchanged. 3, 52(c)(i)). 5, 6; 34 Okl.St.Ann. IV, 1). Art. II, 1b and 1g; O.R.C. II, 1g and ORC 3519.16(F)). 22-24-409). Const. Art. Art. Each signature page must contain the subject expressed in the title of the Act to be referred (ORS 250.045). Art. Six% of the qualified electors at the time of the last general election in each of at least 18 legislative districts, out of 35 total districts. 2, 10), the legislature cannot change or alter measures on its own and must resubmit changes to the people unless the original measure passed by voters waived this requirement. Number of signatures required: 5% of votes cast for all candidates for governor at the last gubernatorial election (Const. 6; 6.1). IV, 1(4) and ORS 250.045). Validity determined by the board of elections. If it passes, it becomes law. Majority to pass: Yes (NDCC Const. A statewide special election may be called for amendments (M.C.L.A. Const. * See also: 2011 N.D. Op.Atty.Gen. Art. Art. Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state. Rev. The petition and affidavit are prescribed by the state board of elections and follow administrative rules (SDCL 2-1-1.1; 2-1-1.2; South Dakota Administrative Rules 5:02:08:07). Art. 8; 17). Where to file with: Secretary of state (Miss. Const. May only amend structural and procedural subjects contained in Article IV. For amendments, 10 % of the total qualified electors of the state (MT CONST Art. From at least 15 of 29 senate districts, signatures equal to 8% of the number of active voters in the county on Jan. 1 following the last regular general election. 3, 2; NDCC, 16.1-01-17. If statute petition is passed by the legislature, then it is subject to the referendum. The attorney general may approve the title or revise as necessary to comply with the law. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees, Oregon: O.R.S. Which election is a measure on: General election (SDCL 2-1-17). Arkansas: Exact petition copy filed with secretary of state (A.C.A. In 2021, Idaho passed. (Note: This provision was found unconstitutional in July 2020 by a Superior Court judge and was later affirmed Aug. 31, 2020 by the state supreme court. Number of signatures required: 5% of total votes cast for all candidates for governor in the last general election (Const. If a congressional district has 110 % of the needed valid signatures, the petition qualifies in that district. Laws 168.471. To find a specific recall, you can scroll through the items listed in the widget and click on the recall or alert for more information. 23-17-43. Const. Disclosure of advertisements is required. Six states do not require fiscal statements: Arkansas, Idaho, Illinois, Michigan, Nebraska and Oklahoma. L-04, 2011 WL 1130010 (July 5, 2011). 2. stimulate democratic reforms such as the initiative and the referendum. Which election: Next regular general election or a special election called by the lieutenant governor (Utah Code 20A-7-301(1)). Code 84107). Art. 901 and 1 M.R.S.A. However, voters submit two preferences: (1) to approve or reject both measures and (2) deciding between the measures. 4, Pt. XLVII, Pt. For example, when a school district wants to issue bonds for building construction, it goes to the voters with an obligatory referendum. N.R.S. Submission deadline for signatures: Must be filed within 90 days of when the applicable legislative session adjourns sine die (AZ Const. If there are insufficient state funds and the measure does not provide a source, it is effective 45 days after next regular legislative session. Art. Art. 295.012; 293.069; 304.060; 304.120; Angle v. Miller, 2010, 722 F.Supp.2d 1206. The attorney general may approve the title or revise as necessary to comply with the law (34 OS 8(H) and 9). Art. Art. 3, 18). Lieutenant governor forwards petitions that are qualified for the ballot to the Office of Legislative Research and General Counsel, which drafts an impartial title of not more than 100 words summarizing the contents of the proposal. Seven states (Alaska, Arkansas, Colorado, New Mexico, North Dakota, Ohio and Oregon) allow sponsors extra time to gather additional signatures if the petitions submitted are insufficient. Who creates petitions: Secretary of state (N.R.S. Art. Proponent organization and requirements: If a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section130.021 (Mo.Rev.Stat. Repeal or change restrictions: Normal amendment referendum required. Art. Timeline for collecting signatures: 18 months (W.S.1977 22-24-315). Political recall efforts in Virginia result in a circuit court trial instead of an. Petitions must be filed by 5 p.m. on the 90th day after the applicable legislative session adjourns sine die. Withdrawal of petition: None, the withdrawal process specified in statute applies only to initiative petitions (CRS 1-40-134). 116.334; 116.260). Secretary of the state and attorney general. Time period restrictions before placed on the ballot: Submission deadline three months and three weeks prior to election (C.R.S.A. What is on each petition: Petition contains bill number, title of the act, signers statement and warning to signers and circulator verification (Utah Code 20A-7-303). 15, 273; Miss. 3, 53). St. 32-1414). 2; 21 Okl.St.Ann. 48, Pt. Const. 32-1405.01; 32-1405). Repeal or change restrictions: For statutes, may not be repealed by the legislature within two years of its effective date (Const. 22-24-402). XVI, 4). Does the law in question take effect before the referendum vote: Suspended upon filing of petition signatures (Const. A yes vote approves the referred act, and a no vote rejects it. Geographic distribution: 10% of the votes cast in the last general election in each of three-fourths of the counties, or 25% to suspend operation of the act until the operation (Const. 3, 50, 51). . Number of signatures required: 10% of the total vote for governor cast in the last election (Const. Art. Reports of contributions and expenditures are due by the 15th of every April and October. 19, 2), Who can sign the petition: Registered voters (N.R.S. 15, 273; Miss. Circulator oaths or affidavit required: Yes (AS 15.45.360). 116.030) and secretary of state drafts a ballot title which appears on the petition (Mo.Rev.Stat. Art. Art. Art. 1-40-105). Biennial regular general election, with submission deadline three months and three weeks prior to election. Art. Art. The title may be different from the legislative title, but in all cases the legislative title shall be sufficient. Allowed to pay another for their signature: Prohibited (Utah Code 20A-7-312(3)). 23-17-45). Prepared by chief legislative budget officer. For constitutional amendments, generally take effect upon passage (Opinion of the Justices (1972) 287 N.E.2d 910, 362 Mass. Who creates petitions: Created by the petition sponsors and must be approved by the secretary of state prior to circulation (SDCL 2-1-3.1). Geographic distribution: From at least 15 of the 29 senate districts, signatures equal to 8% of the number of active voters in the county on January 1 following the last regular general election (Utah Code 20A-7-301(1)). Petition title and summary creation: Original filing includes a summary written by sponsors; approved by attorney general (ORC 3519.01(B)). Art. Vote requirement for passage: Majority (AS 15.45.220). The popular referendum process allows voters to approve or repeal an act of the legislature. Governor may call a special statewide election for the measure. 2, 9; M.C.L.A. Withdrawal process of individual signature: Voter may withdraw signature by submitting to the secretary of state, before the petition is filed with the secretary of state, a sworn statement requesting that his or her signature be withdrawn and affirming the name of the petition signed, the name the voter used when signing the petition, the address of the voter and the county of residence (Mo.Rev.Stat. V, 1(4)(a)). Cal.Const. Timeline for taking effect: Effective upon the governor's proclamation of the vote (Const. Proponent organization and requirements: Application must be signed by ten qualified voters (Const. Circulator requirements: Montana resident (MCA 13-27-102). Art. Submission deadline for signatures: Not more than 90 days after the end of the session at which the act was passed (Const. XVI, 3(b)). Ballot title and summary: Lieutenant governor drafts a title which is limited to 25 words and must indicate the general subject area of the act and a "proposition" of not more than 50 words for each section that gives a true and impartial summary of the act being referred (Const. Who can sign the petition: Electors (Const. 2, 8). CONST. 14, 9). 48, Init., Pt. The full title and text of the measure must be attached to each signature sheet (Const. 19-121), Submission deadline of signatures: Four months before election (A.R.S. The secretary of state writes arguments for and against the measure with information provided by proponents and opponents (Neb.Rev.St. A legislature committee also reviews the measure by a deadline (N.R.S. Director of elections, with approval of the state board of canvassers, drafts a statement of purpose of not more than 100 words for the ballot. But such enactment may be amended or repealed at any general regular or special election by direct vote of the people thereon (Const. 3501.38). Proponent financial disclosure requirements: Include but may not be limited to groups supporting or opposing ballot measures are treated as political committees, no statute found limiting contributions to ballot measure political committees, designation of a treasurer, filing statements of organization, and follow account and reporting requirements (O.R.S. Const. If the legislature does not enact the proposition, then proponents may collect the additional 5% signatures required to get the measure onto the ballot. Art. Art. LXXXI, 4). 23-17-17). Circulator oaths or affidavit required: Yes (Const. Proponent organization and requirements: At the time of filing a draft, proponents must designate the names and mailing addresses of two people who will represent the proponents in all matters related to the petition (CRS 1-40-104). The chief petitioners must notify the secretary of state that at least one person will be paid, and it will say this on the petitions. Stat. 3, 1 and SDCL 2-1-1 and 2-1-5). Code Ann. Proponent financial disclosure requirements: Prior to receiving a contribution or making an expenditure, a campaign must designate a treasurer by filing with the secretary of state (ORC 3517.10(D)). The committee must report on Jan. 15 of an election year all expenditures in excess of $1,000 or cumulative expenditures to one recipient in excess of $1,000 in the previous calendar year. The requirements for an election with statewide ballot measures vary greatly by state. Rule 2.79; Oklahoma Ethics Commission's Guide for Political Action Committees). 19-121.01; 19-121.04). If a majority of electors vote to reject both, they both fail, though the preference vote between them is still voted and made public (MS Const. Art. Proponent financial disclosure requirements: Include but may not be limited to being covered by the states campaign finance laws, must follow reporting rules, and file statement of organization (RCWA 42.17A.005; 42.17A; 42.17A.205). In the United States, amendments to state constitutions also must be put before the voters for approval. Art. 13, 1). III, 4). Art. 2; 21 Okl.St.Ann. III, 3). II, 9(b)). 354). Who can sign the petition: Qualified voters (SDCL 2-1-6). Art. Art. Vote requirement for passage: Majority (MCA 13-27-504). 3, 2). 21). Circulator requirements: U.S. citizen and age 18 or older (10 ILCS 5/28-3), Circulator oaths or affidavits: Yes (10 ILCS 5/28-3), Allowed to pay another for their signature: No statute, Number of signatures required: Eight % of the votes cast for governor in the last gubernatorial election (ILCS Const. 1953 20A-11-101; 20A-11-801; 20A-11-802; 20A-11-803). Ballot measure committees must file pre-primary, pre-general, year-end and, if applicable, supplemental reports in even-numbered years. 19-121), Which election is a measure on: Next general election after filing (A.R.S. Timeline for collecting signatures: Signature gathering begins on a date specified by the secretary of state and cannot be less than 15 or more than 30 days from the date when all appeals and rehearings have been resolved or have expired. Art. Which election: Next general election at least 31 days after the measure qualifies or at a special statewide election held prior to that general election; the governor may call a special statewide election for the measure (Const. Collected in-person: Yes (NRS 295.0575). 14, 3). 4, Pt. 116.17). 23-17-57), Number of signatures required: Twelve % of the total votes cast in the last gubernatorial race for governor (MS Const. Art. 15, 273). What was the purpose of implementing referendum recall and initiative quizlet? Const. Subject restrictions: Laws passed by a two-thirds vote of the members of each house are not subject to referendum (Const. Timeline for collecting signatures: Petitions carried by paid circulators must be filed on a monthly basis (ORS 250.105). Art. Allowed to pay another for their signature: Prohibited (Elec. II, 1g; O.R.C. In Arkansas and Maryland, the application is filed with the state election board. Arguments for and against are prepared by committees with members appointed first by the secretary of state, the senate's presiding office, and the house's presiding officer. Art. Art. 1953 20A-6-106; 20A-7-206). Withdrawal process of individual signature: Secretary of state verifies the signatures for total number and from two-thirds of the counties (W.S.1977 22-24-316). Types Allowed: Direct initiative for statutes and constitutional amendments, and popular referendum, Single subject rule: Yes (MT CONST Art. Submission deadline of signatures: For statute initiatives, no later than three months prior to the election the measure is to be voted upon, and must submit to the county officials no sooner than nine months and no later than four weeks prior to the final deadline (MT CONST Art. 32-1401; 32-1405; 32-628; 32-1403). Art. 19-123 and A.R.S. seq). How to Write an Initiative? Art. The statement may not be submitted electronically (Utah Code 20A-7-305). An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by petition, that is, by collecting signatures of a certain number of citizens. Public review or notice: A public pamphlet includes the analysis prepared by the legislative council, arguments for and against and the fiscal statement. 4, 1, Pt. The secretary of state must write the question in a clear, concise and direct manner that describes the subject matter of the peoples veto or direct initiative as simply as is possible (MRS tit. Stat. However, in about half of the 24 initiative states, proponents can get drafting assistance to improve the quality and consistency of initiative proposals. Full text of the measure must be attached (A.C.A. Missouri: The secretary of State will furnish ballot statements explaining the effects of a no or yes vote for the measure, which will include whether it will increase, decrease or maintain taxes. 4, ; Const. Who creates petitions: Secretary of state prepares a sample petition (MCA 13-27-202 and -205). IV, 1). XVI, 5(b) and Elec. Const. Art. General election, and signatures must be filed one year prior to the election. 3, 51), Timeline for taking effect: When approved by a majority of votes (V.A.M.S. 24). Who creates petitions: The secretary of state prepares five camera-ready copies of the petition for the sponsors (NRS 32-1405). 3, 20), Verification: Certified by the registrar (21-A M.R.S.A. answer choices. 7-9-111). Stat. For initiated state statutesorveto referendums, signatures must be gathered from 5% of qualified electors in each of one-third (34) of the state's 100 legislative districts.
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